|
200304851
<br />N89 °31'40 "E a distance of 8.06 feet; thence N00 °12' 16 "W a distance of 39.79 feet; thence
<br />N89 °38'24 "E a distance of 24.27 feet; thence S 01 °12'39 "E a distance of 65.75 feet to the
<br />point of beginning, said easement containing 1,842.31 square feet more or less,
<br />together with the following rights, namely, unrestricted ingress and egress under, over, and
<br />across such land for the purpose of exercising the rights herein granted, to furnish, install, maintain,
<br />operate and replace landscape items and appurtenances at the non - surfaced areas adjacent to South
<br />Locust Street as constructed under Street Improvement District 1246. This shall include: initial
<br />planting of shrubs, trees, and flower beds; fertilizing, mulching, and trimming of grasses, shrubs, and
<br />trees on a regular basis; construction, operation and maintenance of an irrigation system for the
<br />plantings including all necessary water meters, valves, backflow devices, electrical items and
<br />enclosures; and furnishing, installing and maintenance of landscape paving bricks. Any such
<br />plantings, irrigation systems and related appurtenances placed upon, over, and under such tracts of
<br />land shall remain the property of the Grantee and may be removed or replaced at any time.
<br />The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns,
<br />hereby covenant that no buildings, fences, or structures shall be erected or permitted on said tract,
<br />that they will not remove or intentionally damage the plantings, irrigation system or other landscape
<br />appurtenance within the easement area, and that the easement herein granted shall run with the title
<br />to such tract of land and be binding upon the Grantors, their successors and assigns. In the event
<br />that Business Improvement District No. 4 (BID 4), or a subsequent equivalent authority is dissolved,
<br />or otherwise ceases to exist, this Landscape Easement is terminated and the rights granted herein
<br />shall revert to the owner of record. The Grantors, for themselves, their heirs, executors,
<br />administrators, successors, and assigns will be allowed to perpetuate the use of parking and drive
<br />access at all hard surfaced areas included within this easement and will retain the right to erect
<br />-2-
<br />� G z
<br />1
<br />1
<br />
|